Overview
- Clarifying its earlier ruling, the NCLAT said CCI’s remedial directions apply to data sharing for advertising and non‑advertising purposes alike.
- WhatsApp cannot share user data with Meta or its group companies without users’ express, informed and revocable consent.
- The tribunal reaffirmed safeguards requiring transparency on categories of data shared, linkage of each category to a specific purpose, and no conditioning of app access on non‑service data sharing.
- The NCLAT’s November 4 decision striking down the CCI’s five‑year blanket ban on advertising use remains, provided users have a meaningful opt‑in and opt‑out choice.
- The bench led by Justice Ashok Bhushan and Arun Baroka allowed the CCI’s clarification plea over Meta and WhatsApp’s objections, and the previously upheld Rs 213.14 crore penalty stands.